- 11 U.S.C.
In re Tatum
Mar
06
2015
Ruling
Relief from stay denied where creditor's "judgment for possession" was not final.
Issue(s)
Was judgment for possession that was still subject to appeal a final so as to allow creditor to seek relief from stay to enforce the judgment?
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Court
:
- 11 U.S.C.
In re Nitzsky
Sep
18
2014
Ruling
Automatic stay applied to judgment of ejectment that was still subject to appeal.
Issue(s)
Was creditor landlord entitled to relief from stay to enforce prepetition judgment for ejectment of debtor tenant where appeal period had not yet expired on petition date?
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Court
:
- 11 U.S.C.
In re Paul
Jun
08
2012
Ruling
Prepetition eviction judgment on non-monetary basis was not subject to stay.
Procedural posture
After a landlord obtained a prepetition judgment and writ of possession, it sought relief from the automatic stay to take possession of an apartment rented by a chapter 13 debtor.
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Court
:
- 11 U.S.C.
In re Sweetenburg
May
18
2012
Ruling
Landlord could proceed with eviction where debtor landlord failed to make required disclosure of judgment.
Procedural posture
A landlord filed an application for judicial assistance to direct a clerk to provide a certified copy of the docket indicating that an exception to the automatic stay applied to a chapter 13 debtor's case pursuant to 11 U.S.C.S. § 362(b)(22).
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Court
:
- 11 U.S.C.
In re Winer
May
13
2008
Ruling
Eviction action not stayed where judgment of possession was obtained prior to petition date.
Procedural posture
Debtor filed a petition for relief under chapter 7 of the Bankruptcy Code, and two weeks later, the debtor's landlord filed a motion seeking an order confirming the absence of the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(22), in the alternative, granting the landlord relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(d). The debtor opposed the motion.
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Court
:
- 11 U.S.C.
In re Parker
May
08
2008
Ruling
Debtor who failed to file required certificate and payment on petition date not entitled to challenge applicability of stay to prepetition eviction proceeding.
Procedural posture
After the court issued an order determining that 11 U.S.C.S. § 362(b)(22) was applicable to a landlord's pre-petition judgment for possession of the debtor's residence, the debtor filed a motion for reconsideration.
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Court
:
- 11 U.S.C.
Housing Auth. of Beaver County v. Alberts (In re Alberts)
Jan
24
2008
Ruling
Actions to enforce judgment of possession stayed due to debtor's timely appeal of magistrate's order.
Procedural posture
Movant creditor filed a motion for relief from stay, contending that its post- petition efforts to enforce a judgment for possession were not stayed by operation of 11 U.S.C. § 362(b)(22). Respondent chapter 7 debtor filed a motion for contempt for a violation of the automatic stay.
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Court
:
- 11 U.S.C.
In re Goldston
Jan
23
2008
Ruling
Landlord covered by exception to automatic stay where debtor failed to file certifications or challenge applicability.
Procedural posture
In the debtor's voluntary petition, she left blank the section to be completed by tenants of residential property. The court concluded that the landlord's request for 11 U.S.C.S. § 3623(l)(4)(B) certification was unnecessary. That section was inapplicable because the debtor's petition failed to disclose the existence of a pre-petition judgment for possession, and such certification was only required if the debtor, in accordance with 11 U.S.C.S. § 362(l)(5), first indicated on her petition that a pre-petition judgment for possession was obtained and then neglected to file the necessary certifications regarding her right to cure the default that gave rise to the judgment. The debtor made no disclosures as to any pre-petition judgments for possession and made no contention that 11 U.S.C.S. § 362(b)(22)'s exception to the automatic stay was inapplicable.
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Court
:
- 11 U.S.C.
In re Friday
Dec
12
2007
Ruling
Stay did not preclude landlord from proceeding with prepetition eviction action.
Procedural posture
A debtor filed a motion requesting that the court enjoin the padlocking of an apartment, which was done pursuant to a state court judgment obtained by a landlord before the chapter 7 proceeding was commenced.
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Court
:
- 11 U.S.C.
In re Williams
Jul
05
2007
Ruling
Ministerial postpetition acts to enforce prepetition eviction judgment did not violate stay.
Procedural posture
Before bankruptcy debtors filed their bankruptcy petition, the debtors'landlord obtained a judgment against the debtors for past-due rent and possession of the premises leased by the debtors. The landlord obtained a postpetition order of possession and, upon objection by the debtors'counsel, moved for relief from the automatic bankruptcy stay to the extent necessary to evict the debtors.
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Court
: